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EU Law > EU Law > Flashcards

EU Law Flashcards

1
Q

Non discrimination is a “general principle” of EU law. Domestic law should be read so as to give effect to that principle.

A

Mangold

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2
Q

Authority for indirect effect

A

Von Colsen (woman relied on equal treatment directive even though not emanation of the state)

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3
Q

Action based on directives can be brought against an emanation of the state where the real target is an individual - mere adverse repercussions for the individual is not a bar

A

Arcor

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4
Q

Where a directive grants no discretion to the state and they implement legislation which does not achieve the aim of the directive, sufficiently serious for state liability action

A

Ex p Hedley Lomas

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5
Q

Cases of incidental effect

A

Unilever, CIA

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6
Q

Definition of sufficiently serious (state liability)

A

Brasserie du Pecheur “manifestly and gravely disregarded the limits on its discretion”

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7
Q

During transposition period, MS cannot take steps likely to seriously compromise the achievement of the directive, duty of courts to read law accordingly

A

Adeneler

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8
Q

Commission is not bound to act when MS in breach of EU law

A

Star Fruit v Commission

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9
Q

Indirect effect applies to all domestic law, not just implementing law

A

Marleasing

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10
Q

Directive can be used as a shield in a dispute between private partiesd be

A

Incidental effect - Unliever, CIA

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11
Q

Article for directives

A

288

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12
Q

Art 260: Lump sum AND daily penalty can be imposed

A

Commission v France

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13
Q

EU law supreme even where provision is minor

A

International Handelsgeselschaft

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14
Q

Test for emanation of the state

A

Foster - performs public services, uses public money, has special powers

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15
Q

Authority that courts are also subject to enforcement proceedings

A

Commission v Italy (consistent interpretation of law so as to violate EU law)

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16
Q

Case which established state liability for breach of EU law

A

Frankovitch

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17
Q

Mangold extended to where implementation period has expired

A

Kucukdeveci

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18
Q

Commission has discretion whether / when to act to enforce EU law

A

Commission v France

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19
Q

Applicable articles for enforcement proceedings

A

Arts 258 - 260

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20
Q

Definition of state for purposes of enforcement proceedings

A

Commission v Belgium “all state agencies including constitutionally independent institutions”

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21
Q

Commission need not institute enforcement proceedings even where there is a flagrant/obvious breach

A

Luetticke

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22
Q
A
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23
Q

Where domestic and EU law conflict and EU law would render one criminal, domestic law prevails

A

Luciano Arcoro

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24
Q

Forum for a Frankovitch action

A

Domestic courts

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25
ECJ not bound by Commissions recommendations re fines and penalties under Art 260
Commission v Greece
26
Nature of directives
Binding on MSs a to result, form and methods up to MSs
27
Authority for supremacy of EU law
Costa v ENEL
28
Commission can give very short time periods for compliance / response to reasoned opinion where neccessary
Commission v France
29
Directives can have direct effect only when time limit is up
Ratti
30
Estoppel argument - MS can't rely on their own failure to implement in order to gain an advantage
Ratti
31
Definition of incidental effect
Whereby directive can be used as a shield where its non implementation has ramifications in a dispute between two private parties
32
Where EU law breached because of bona fide mistake, not sufficiently serious for state liability
ex p BT
33
Authority that a court of last instance is part of the state for the purposes of state liability
Koebler v Austria
34
Emanation of the state: degree of state control, owned by public authority
Rohrbach
35
Incidental effect applies to ALL domestic law, not just implementing law.
Pfeiffer
36
Directives can't be horizontally directly effective
Marshall AND Faccini Dori
37
Authority that directives can be directly effective
Van Duyn v Home Office
38
Failure to implement a directive is always sufficiently serious for a state liability action
Dillenkofer
39
Conditions for state liability for breach of EU law
Brasserie du Pecheur 1. intended to confer rights 2. breach was sufficiently serious 3. causation
40
Individuals cannot require the commission to adopt a position on a specific issue
Commission v T Mobile
41
Underlying reason for enforcement proceedings
MSs obligation to uphold EU law under Art 4(3) of TEU
42
Definition of indirect effect
Duty of courts to read domestic law so as to achieve the ends of a directive
43
Conditions for direct effect
Van Gend en Loos - sufficiently clear, precise and unconditional
44
Hospital is an emanation of the state: performing a services, public money
Vassallo
45
Irrelevant as to why commission chooses to institure enforcement proceedings (no improper purposes defence)
Commission v UK
46
Good faith duty of MSs to comply with enforcement proceedings
Commission v Ireland
47
Authority for direct effect of ALL EU law
Van Gend en Loos
48
Which article governs action for annulment
Art 263
49
What measures can be challenged under an action for annulment (and cite authority)
ALL measures intended to have legal effect - look to function not form (ERTA case)
50
What are the 4 steps in an action for annulment
1. Reviewable measure 2. Standing 3. Grounds 4. Time limit
51
When can a non-privileged applicant challenge EU law under Art 263
Where a) the act is addressed directly to them or b) they have direct and/or individual concern (for regulatory acts, direct concern only)
52
What case contains the test for direct concern and what is the test
Les Verts. 1 Must be a legal interest 2. there must be a direct link between the measure and the damage "a complete set of rules, sufficient in itself, requiring no implementing measures"
53
What is the test for individual concern and what case was it from
Plaumann: differentiated from all other persons because of attributes that are peculiar to them
54
Company applied to join a scheme before the EU declared it illegal and closed membership. They had individual concern so had standing.
Campina (KFC)
55
5 cases, in order, which show the changing attitudes of the ECJ to standing
Cordoniu (trademarks on sparkling wine) - standing even though they didn't pass Plaumann test because they had had the trademark since 1924 REVERESED BY Baralux - bearing almost the only person affected by a measure is insufficient OPINION of AG in UPA case - test should be more generous APPLIED by lower court in Jego Quere BUT ECJ reversed that in Reynolds Tobacco - which is the authority that the Plaumann test still stands
56
Test for group standing and what the requirements are
ANB v Council (sugar beet) \*Procedural powers conferred on trade assoc by legislation \*Members themselves have standing \*interests of association itself affected
57
The case that confirmed the test for group standing
Greenpeace
58
What is a court for the purposes of making a preliminary reference (cite the case)
Dorsch Consult - For ECJ to decide - includes whether independent, applies rule of law, permanent, decisions are compulsory
59
Case that says a medical regulation authority is a tribunal for the purposes of making a preliminary reference
Broeckmulen
60
National courts have the widest discretion as to whether to make a preliminary reference, national legislation can't prevent them from doing so
Rheinmulen
61
Case which explains that interpretation of EU law is for ECJ and application to the facts is for the domestic court
Simmenthal
62
Questions on which topics can't be referred to the ECJ (and what articles say so)
Foreign and security policy, police, law enforcement. Arts 275 & 276
63
Case was manufactured so ECJ refused to rule on it
Foglia
64
ECJ would not rule on a preliminary reference that did not supply enough information
Telemarsicabruzzo
65
It's up to the domestic court whether it decides the domestic law bit of a case requiring a prelim ref before or after ECJ judgement
Irish Creamery
66
What must be included in a reference
1997 guidelines: Facts, explanation of national law, reasons for reference, summary of arguments
67
Where an issue is materially identical to one already ruled on by the ECJ, there is no duty for a court of last instance to refer it
Da Costa
68
The case which established act clere
CILFIT: No reference neccessary if the ECJ has already ruled on an analagous case OR if the answer is obvious (wool is fairly obviously of animal origin)
69
Definition of act clere
where an issue is analogous with one already decided by the ECJ, but not materially identical there is not duty to refer AS LONG AS it would be equally obvious to a court in another MS (given different translations), there's no scope for reasonable doubt
70
A national court cannot declare EU law illegal
Foto frost
71
A national court cannot declare EU law illegal even where ECJ has declared almost identical law illegal
Schul

EU Law (8 decks)

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